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ARTICLE · 23 OCTOBER 2019

TTABlog Test: How Did These Three Recent Section 2(d) Appeals Come Out?

Wolf Greenfield & Sacks
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A TTAB judge once told me that in 95% of Section 2(d) cases, one can predict the outcome just from looking at the marks and the involved goods/services

United StatesIntellectual Property
John L. Welch
John L. Welch
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A TTAB judge once told me that in 95% of Section 2(d) cases, one can predict the outcome just from looking at the marks and the involved goods/services. Here are three recent decision in Section 2(d) appeals. How do you think these came out? [Answer in first comment].

In re Brite and Clean, Inc., Serial No. 87384194 (October 7, 2019) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) refusal of BRITE & CLEAN & Design for "Cleaning preparation; water stain removal cleaning preparations; shower cleaning preparation; window cleaning preparation; bathroom cleaning preparation; glass cleaning preparation; cleaning preparation in powder form; cleaning wipes impregnated with a cleaning preparation; none of the foregoing for use with eyeglasses" in view of the registered mark CLEAN AND BRIGHT for "all-purpose cleaners"].

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